An Explanation of Trade Mark Class 40: Treatment of Materials
Emily Young
A key step in the trade mark registration process is selecting your trade mark classes. One of these trade mark classes is trade mark class 40, which relates to services for the treatment of materials. To help you navigate the trade mark class process, this article will take you through what trade mark classes are and provide some insight into trade mark class 40 and its inclusions and exclusions.
Trade Mark Classes
Trade mark classes, or categories, refer to different classifications of your trade marks for the registration process. When making a trade mark application, you must select one or more trade mark classes that you intend to use your goods and services under.
The trade mark classification system is particularly useful because it allows for different businesses with similar names or logos to operate, as long as they provide goods or services in different industries. This is because if two businesses provide contrasting enough goods or services, it is unlikely that the two will be confused or considered consumer deception.
Australia, like most of the world, uses the Nice classification system. This classification system divides classes into 34 goods and 11 services. If you are looking for the most appropriate class for your goods or services, you can search the Nice classification system.
Trade Mark Class 40
Trade mark class 40 covers services that are used for the treatment of materials. Specifically, this refers to the treatment of services that have a human benefit. An outline of some examples of the services in trade mark class 40 is below:
| Material treatment | • Engraving • Laminating • Window tinting • Pottery firing |
| Textile treatment | • Fur treatment (including dying) • Leather treatment (including tanning) |
| Energy production | • Rental of space heaters • Rental of air conditioners • Energy production and selling |
| Recycling and waste treatment | • Trash disposal (including burning, treating and destroying trash) • Recycling services |
| Food and beverage treatment | • Smoking food • Freezing food and drink • Juicing services |
| Manufacturing and assembly | • Glass blowing • Taxidermy • Picture framing • Key cutting • Knitting |
| Slaughtering of animals | • Animal slaughter for the treatment of meat |
What is Not Included in Trade Mark Class 40?
Trade mark class 40 is a very broad trade mark class covering a large number of services. However, several commonly confused services are not included in this class. Some services that are not to be classified under this trade mark class include:
- repair services;
- financial services;
- advertising services; and
- retail services.
You should also consider related trade mark classes. For example, while trade mark class 40 includes the treatment of textiles such as leather and fur, the products themselves will likely belong to different categories of goods. Similarly, the treatment of beverages and food is included in trade mark class 40, but the resulting food and beverage goods will not.
It is possible to register your trade mark under more than one trade mark class. However, once you apply to register your trade mark, you will not be able to add another trade mark class to your application, making it essential that you choose the current trade mark classes initially. This is because trade mark class is a determining factor of the scope of your trade mark application. Further, it is not possible to broaden this after making your application.
Key Takeaways
To obtain the best and most accurate protection for your trade mark, you must choose the best trade mark class for your business. If your trade mark is a service that relates to any of the below, your trade mark should likely be classified under class 40:
- material treatment;
- energy production;
- water recycling;
- textile treatment;
- food and beverage treatment; and
- assembly services.
If you need assistance determining the best trade mark class for your goods or services or need help registering your trade mark, get in touch with our experienced trade mark lawyers. Contact 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
Trade mark classes refer to the different categories of goods and services available for trade mark classification. Trade mark classes are important because the ones you select determine the scope of your trade mark protection. This is because your trade mark is only protected under the class of goods or services you register your trade mark under. However, there are advantages to this system, as it makes it possible for two businesses to have similar trade marks, as long as they are operating in two different industries.
It is a broad trade mark class that covers the treatment of materials. This includes but is not limited to chemical processes, material, treatment for textiles, recycling of materials and waste, air purification services, energy and power production and food and beverage treatment. While trade mark class 40 is broad, it does not include repair services, financial services, or other retail services.